HC refuses to stay demolition of illegal constructions near HT lines
| Date :17-Sep-2019 |
Staff Reporter :
“HUMAN life is more precious than the property. Loss caused due to demolition of illegal portion can be recovered, but loss caused due to death of a human being is irreparable,” observed Nagpur bench of Bombay High Court, on Monday, while refusing to show any leniency towards illegal and unauthorised constructions carried out beneath the high tension line or those in dangerous proximity to HT lines. The High Court made it clear that aggrieved dwelling owners can move against the builder in civil court and seek damages, but made it clear that its August 28 order against such constructions would not be modified or stayed. A division bench consisting of Justice Sunil Shukre and Justice Milind Jadhav while hearing application moved by 11 aggrieved house-owners against the demolition notice served to them by the civic body, permitted the civic authorities to go ahead with demolition of these constructions in dangerous proximity of high tension lines.
Following the High Court order, the NMC had served demolition notice to residents against which the residents of Armor Town knocked the doors of High Court seeking stay to demolition while citing ongoing monsoon and also questioned the demolition as only way to deal with the issue. The expert panel appointed by the High Court had also confirmed large-scale illegal construction by residents and developers in majority of 3934 localities examined so far. This finding had confirmed a complete lack of co-ordination between power utilities NMC, NIT and Town Planning Department and a Nelson’s Eye towards the blatant violation. The high-powered expert committee appointed by the High Court had identified 3,284 violators in 126 feeders and estimated a sum of Rs 26.41 crore to relocate the lines or feeder supply line to protect human lives from potential disaster.
According to the expert committee, there are 365 violators situated near five 33 KV HT liner feeders and estimated expenditure for rectification has been pegged at Rs 7.29 crore. The committee after giving personal notices and hearings to violators had also identified 2919 violators living very near to 121 HT line feeders of 11 KV and here the cost of rectification is Rs 19.12 crore. The panel had recommended partial demolition of 468 structures. There are 650 commercial and 122 industrial establishments as well. The panel had suggested number of options including relocation, underground cabling, shifting of alignment for which Rs 26.12 crore is preliminary expenditure. The expert panel had also confirmed large-scale illegal construction by residents and developers in majority of 3934 localities examined. The High Court had directed authorities to act as per law against violators within two weeks and submit progress report within four weeks.
The High Court repeatedly refused to take any lenient view of these dangerous encroachments by citizens, builders neglected by authorities posing a grave danger to residents. In case the construction is amenable to rectification, the authorities have been directed to inform whether the constructions made by the violators are authorised and whether corrective measures can be undertaken without incurring any cost and in case cost is required whether the violators would bear the entire cost or authorities and concerned agencies are willing to share it. Previously the High Court had made it clear that public money would not be allowed to be spent on this exercise and those who failed to discharge their public duties would have to bear the brunt. Adv Shreerang Bhandarkar (Amicus Curiae), Adv Sudhir Puranik (NMC), Adv AM Qazi (MSEDCL), Adv Mohan Sudame (SNDL) appeared in the matter. Adv Shashibhushan Vahane and Adv Shailesh Narnawre represented applicants.
NMC removes illegal construction in proximity of HT lines
Taking cue from Nagpur Bench of Bombay High Court, officials of civic body moved swiftly and demolished construction in proximity of high tension lines. Aashi Nagar Zone officials removed 18 tenements at Sugar Nagar that were constructed in violation of norms. A 11 KV line passes very close to the upper floors of these houses there were demolished by NMC. Earlier, civic body had issued notices to the owners that why action should not be taken to pull down illegal constructions.
Two JCB and three tippers were engaged during the drive by NMC and officials namely G M Rathod, Zonal Officer, Ajay Pazare, Deputy Engineer, Jambhulkar, Junior Engineer, Kotangale, Sub Divisional Engineer, Dharmmali, Junior Engineer and Landge were present during the course of operation. A tight police bandobast was maintained during the demolition drive.